Real Estate Legal Advice
Evan the best real estate agents (especially the best real estate agents) recognize the tremendous need for legal advice throughout the legal transaction and will strongly encourage you to hire an attorney.
But attorneys are expensive.
As a result, most people either, 1) pay a large fee to get the critical advice they need, or 2) simply sign anything and everything that is placed in front of them without legal consultation.
At Esquire-Estates Realty, we believe that every person ought to receive the counsel and advice that is essential when property ownership is being transferred for hundreds of thousands of dollars. That’s why we have an experienced real estate attorney as part of our team – your team – who can provide you with the free legal advice and services that would normally cost you a premium.
Here’s Some of the Additional Value We Can Provide You…
Is it possible to back out of a contract after it has been signed? What will happen if I do? What if the sellers ‘forgot’ to tell me about the leaky roof? Can a husband and wife take title to the home as a tenancy in common instead of a joint tenancy? What is the difference and what are the other options? There are all sorts of legal questions that pop up during a real estate transaction which a real estate agent is not equipped (or permitted) to attempt to answer. At Esquire-Estates Realty, we provide you with a simple fix to that dilemma – a lawyer.
Translate ‘Legalese’ for You
Let’s face it – legal documents and contracts are often written in the language of ‘legalese’. Too often, the only part of a contract that is easy to understand is the bottom portion that says “sign here.” Unfortunately, traditional agents are neither equipped with the legal expertise of fully understanding all of the ramifications of the contract, nor are they permitted to attempt to explain those ramifications even if they thought they understood them.
That’s why Esquire-Estates Realty is so beneficial. If you have any questions about any of the documents – just ask. Let us give you the peace of mind of knowing exactly what it is you are signing.
Create a Custom Contract - Not Template
In many states, real estate agents are not permitted to draft the real estate contract – attorneys are mandatory for that stage. However, the Arizona Association of REALTORS® has prepared some template contracts and has given Arizona real estate agents the authority to fill in the blanks on those templates. While these forms are helpful, they can be restrictive and inadequate in covering issues pertinent to the transaction. Esquire-Estates does not have the limitations of the other agencies. Here, you aren’t restricted to filling in the blanks and stuck with everything else. Our legal department gives you the ability to draft a personalized contract that is customized to your particular situation. As a result, you get the protection that you need and the flexibility that is often required to reach a solution.
There are few things worse then coming to an agreement and then having the other party fail to live up to their part of the bargain. For instance, what if the seller isn’t making the repairs he or she promised to? Or what if they start dragging their feet and appear to be trying to kill the deal because (you suspect) they may have received a higher offer? Or what if you had to take your house off of the market for several weeks because the buyer originally agreed to buy your house, but just changed his or her mind? That’s when you need more than just an agent.
With Esquire-Estates Realty, you don’t need to be left defenseless or without recourse. We’ll make sure the opposing party is fulfilling their portions of the bargain in a timely and satisfactory manner and provide you with options if they don’t.
Initial Short Sale Consultation
If you are behind on your mortgage (or soon will be), it is imperative that you speak with an attorney as soon as possible about your options. The longer you wait, the more “windows of opportunity” will close. We can explain the pros and cons of each option as well as the legal ramifications. If a short sale is in your best interest, we can provide the legal assistance you need to make it happen efficiently.
Interpret Your Title Insurance and Exceptions
Your title insurance company will perform a title search and base your title insurance policy from those results. A good Realtor will only be able to make sure you have title insurance. Esquire-Estates Realty can actually interpret and explain to you the extent of your chain of title as well as the nuances of your title insurance policy.
Provide a Network of Contacts and Referalls
Most good agents (including those at Esquire-Estates) will be able to provide you with exceptional referrals from a network of loan officers, inspectors, title companies, etc. At Esquire-Estates Realty, however, our network expands even further since we regularly associate with attorneys in related industries such as land zoning, HOA law, landlord/tenant, bankruptcy, etc.
Review Your Closing Documents
When you show up at the title company’s office for the close of escrow, there will be a mountain-sized pile of documents there to greet you, as well as a lot of pressure on you to sign them. With Esquire-Estates Realty, there is no need to panic. Unlike other agencies, we are legally permitted to sit down with you before-hand and carefully review each legal and contractual provision. If you’d like possible, we can even arrange for our attorney to attend closing with you, just in case there are any last minute surprises.
Note: These types of legal services can ordinarily be provided for free to the clients of Esquire-Estates Realty. However, if you are already using someone other than Esquire-Estates to help you buy or sell your house, our attorney can provide these legal services to you separately at his normal rate of $250/hour.